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The 2002 Farm Bill

Export Enhancement Program, Sec. 3104

SEC. 3104. EXPORT ENHANCEMENT PROGRAM.

(a) IN GENERAL.—Section 301(e)(1)(G) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended by striking ‘‘fiscal year 2002’’ and inserting ‘‘each of fiscal years 2002 through 2007’’.

(b) UNFAIR TRADE PRACTICES.—Section 102(5)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(5)(A)) is amended—

(1) in clause (i), by striking ‘‘or’’ at the end; and

(2) by striking clause (ii) and inserting the following:

‘‘(ii) in the case of a monopolistic state trading enterprise engaged in the export sale of an agricultural commodity, implements a pricing practice that is inconsistent with sound commercial practice;

‘‘(iii) provides a subsidy that—

‘‘(I) decreases market opportunities for United States exports; or

‘‘(II) unfairly distorts an agricultural market to the detriment of United States exporters;

‘‘(iv) imposes an unfair technical barrier to trade, including—

‘‘(I) a trade restriction or commercial requirement (such as a labeling requirement) that adversely affects a new technology (including biotechnology); and

‘‘(II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles;

‘‘(v) imposes a rule that unfairly restricts imports of United States gricultural commodities in the administration of tariff rate quotas; or

‘‘(vi) fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States.’’.

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